Family Council Membership Month: FAQs about FC Membership
Par Family Councils Ontario
This week in our Family Council Membership blog series, we’re going to cover Frequently Asked Questions about the Long-Term Care Homes Act and Family Council membership.
Q: What does the Act say about the membership of a Family Council?
A: The Act also indicates who can and cannot be a member of the Council. Persons who are not eligible to be members of the Council include the licensee of the Home, Home management, an officer or director of the licensee or of a corporation that manages the Long-Term Care Home on behalf of the licensee, a person with a controlling interest in the licensee, the Administrator of the Home, any staff member, and any person employed by or in a contractual relationship by the Ministry of Health and Long-Term Care.
As Family Councils are autonomous and self-governed, they are responsible for creating their own Terms of Reference which outlines the group’s goals, structure and operating procedures, including membership. Each Council sets its own membership including who may be a member and how long people can be Council members.
Q: If my loved one has passed away, does that mean I can’t continue to be a member of the Family Council?
A: No. Family Councils are self-led, autonomous groups who decide on their own membership within the framework provided in the Long-Term Care Homes Act.
The Act Subsection 59(5) provides that a family member of a resident or a person of importance to a resident is entitled to be a member of the Family Council of a LTC Home and therefore cannot be refused membership. Subsection 59(6) of the LTCHA provides a list of the people that are not permitted to be a member of a Family Council (licensee, administrator, staff etc..). As such, the Council can set provisions within its Terms of Reference for continuing membership of a Family Council member who no longer has a family member/friend who is a resident in the Home. It is important for your Council to have a Terms of Reference which defines it structure, operating procedure and membership. The licensee does not have the authority to interfere with decisions relating to membership.
Q. If a Long-Term Care Home staff person also has a family member living in the Home, can they be a member of the Family Council?
A. No, the right to be a member (Subsection 59(5)) is subject to subsection (6), “Who may not be a member.” Subsection (6) includes the following as who may not be a member of the Council:
4. The Administrator.
5. Any other staff member.
So, even though a staff person has a loved one in the Home, the fact that they are a staff means that they are prohibited from being a member of the Council (i.e. may not be a member as per the Act). This helps to ensure that the Council is safe space for families and reduces the possibility of staff interference in the Council. Your Council can treat that staff person like any other staff person and keep them up to date on the Council business and invite them to meetings when appropriate, but they are may not be members of the Council.
For more on Family Council membership, remember to read the upcoming posts in our Membership blog series and register for our Family Council Membership webinar on Thursday November 23rd!
If you have membership questions you’d like to see addressed in our blog post or webinar, email them to info@fco.ngo.